Common use of Sharing of Set-Off Clause in Contracts

Sharing of Set-Off. Each holder of any Note agrees with each other holder a party hereto that if such holder shall receive and retain any payment, whether by set-off or application of deposit balances or otherwise, on any of the Notes or Obligations in excess of its ratable share of payments on all such Obligations then outstanding to the holder of the Notes, then such holder shall purchase for cash at face value, but without recourse, ratably from each of the other holders such amount of the Notes or Obligations, or participations therein, held by each such other holder (or interest therein) as shall be necessary to cause such holder to share such excess payment ratably with all the other holders of the Notes; provided, however, that if any such purchase is made by any holder, and if such excess payment or part thereof is thereafter recovered from such purchasing holder, the related purchases from the other holders of the Notes shall be rescinded ratably and the purchase price restored as to the portion of such excess payment so recovered, but without interest.

Sharing of Set-Off. Each holder of any Note Lender agrees with each other holder Lender a party hereto that if such holder Lender shall receive and retain any payment, whether by set-off or application of deposit balances or otherwise, on any of the Notes or Obligations Loans in excess of its ratable share of payments on all such Obligations then outstanding to the holder of the NotesLenders, then such holder Lender shall purchase for cash at face value, but without recourse, ratably from each of the other holders Lenders such amount of the Notes or ObligationsLoans, or participations or subparticipation, as applicable, therein, held by each such other holder Lenders (or interest therein) as shall be necessary to cause such holder Lender to share such excess payment ratably with all the other holders of the NotesLenders; provided, however, that if any such purchase is made by any holderLender, and if such excess payment or part thereof is thereafter recovered from such purchasing holderLender, the related purchases from the other holders of the Notes Lenders shall be rescinded ratably and the purchase price restored as to the portion of such excess payment so recovered, but without interest.

Sharing of Set-Off. Each holder of any Note Lender agrees with each other holder Lender a party hereto that if such holder Lender shall receive and retain any payment, whether by set-off or application of deposit balances or otherwiseotherwise (except pursuant to a valid assignment or participation pursuant to Section 10.10), on any of the Notes or Obligations Loans in excess of its ratable share of payments on all such Obligations then outstanding to the holder of the NotesLenders, then such holder Lender shall purchase for cash at face value, but without recourse, ratably from each of the other holders Lenders such amount of the Notes or Obligations, or participations therein, Loans held by each such other holder Lenders (or interest therein) as shall be necessary to cause such holder Lender to share such excess payment ratably with all the other holders of the NotesLenders; provided, however, that if any such purchase is made by any holderLender, and if such excess payment or part thereof is thereafter recovered from such purchasing holderLender, the related purchases from the other holders of the Notes Lenders shall be rescinded ratably and the purchase price restored as to the portion of such excess payment so recovered, but without interest.